1. The Committee has requested
a memorandum concerning the above instruments in the following
terms:

Article 5 of the first
Order provides for the issue of a warrant of distress (or in Scotland,
arrestment) against the boat, its gear and catch to recover a
fine imposed for an offence under article 3 (offences relating
to fishing). Article 5 of the second Order makes this form of
recovery also available for an offence under article 10 (obstruction
of officers).

If it is intended in the second
Order to make distress available in the case of an obstruction
offence, explain the reason for this and why the remedy is not
made available for such an offence in the first Order.

2. Section 30(2) of the Fisheries
Act 1981 provides that Orders made under that sub-section may
contain provisions which (with any necessary modifications) apply
or correspond to any relevant provision of the Sea Fish (Conservation)
Act 1967 or the Sea Fisheries Act 1968. Article 5 of the second
Order corresponds to section 12 of the Sea Fisheries Act 1968.
That section similarly makes the power of distress available
in respect of an obstruction offence under section 10 of that
Act (article 10 of that Order corresponds to section 10) as well
as the substantive fishing offence created by section 5 of that
Act. As the Committee has observed, article 5 of the first Order
is more limited in scope, being applicable in respect of the substantive
fishing offence only.

3. The discrepancy between
the two Orders in this respect is historic. The second Order,
of course, relates only to vessels which are registered in countries
outside the EU. Historically it may have been thought preferable
in such cases to provide courts in the United Kingdom with a sufficient
range of powers to deal with the vessel and its owners while the
vessel was present in the jurisdiction. However, in the light
of the Committee's questions the Departments will examine the
issue afresh so that appropriate (and in so far as is possible,
consistent) provision may be made when next year's Orders are
drafted.